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Marriage Act 1949, Section 5 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1(1)]A marriage according to the rites of the Church of England may be solemnized—
(a)after the publication of banns of matrimony;
(b)on the authority of a special licence of marriage granted by the Archbishop of Canterbury or any other person by virtue of the M1Ecclesiastical Licences Act, 1533 (in this Act referred to as a “special licence”);
(c)on the authority of a licence of marriage (other than a special licence) granted by an ecclesiastical authority having power to grant such a licence (in this Act referred to as a “common licence”); or
(d)on the authority of [F2a marriage schedule] under Part III of this Act.
[F3[F4(2)Subsection (1)(a)] of this section shall not apply in relation to the solemnization of any marriage mentioned in subsection (2) of section 1 of this Act.]
[F5(3)In a case where one or both of the persons whose marriage is to be solemnized is not a relevant national—
(a)subsection (1)(a) shall not apply unless the banns are published in accordance with section 14 (whether or not the banns are also published otherwise);
(b)subsection (1)(c) shall not apply.]
Textual Amendments
F1 S. 5(1): s. 5 renumbered as s. 5(1) (2.3.2015) by Immigration Act 2014 (c. 22), ss. 57(2)(a), 75(3); S.I. 2015/371, art. 2(2) (with art. 5)
F2Words in s. 5(1)(d) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 2 (with Sch. 2)
F3Words added by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(4)(6), Sch. 1 para. 3
F4Words in s. 5(2) substituted (2.3.2015) by Immigration Act 2014 (c. 22), ss. 57(2)(b), 75(3); S.I. 2015/371, art. 2(2) (with art. 5)
F5S. 5(3) inserted (2.3.2015) by Immigration Act 2014 (c. 22), ss. 57(2)(c), 75(3); S.I. 2015/371, art. 2(2) (with art. 5)
Modifications etc. (not altering text)
C1S. 5(3)(a) excluded (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 5 para. 3
C2S. 5(3)(b) excluded (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 5 para. 4
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